Patna High Court
Hasanain @ BablooversusTARANNUM @ PINKI
- Decided
- Disposal
- ALLOWED
- Bench
- PURNENDU SINGH
Holding
A criminal revision dismissed for non‑prosecution may be restored upon showing sufficient cause, notwithstanding Section 403 of the BNSS.
Summary
Hasanain filed an application seeking restoration of Criminal Revision No.458 of 2024, which had been dismissed for failure to comply with an order dated 06-09-2024. The petition raised the question of whether Section 403 of the BNSS, which restricts alteration of a final judgment, precludes restoration of a dismissed revision. The Court examined the provision and held that it does not bar restoration when sufficient cause is shown, citing the Supreme Court’s decision in Vishnu Agarwal v. State of U.P. The Court found the reasons and affidavit satisfactory and ordered the revision to be restored to its original file. Consequently, the restoration application was allowed.
Issues considered
- Does Section 403 of the BNSS prohibit restoration of a criminal revision dismissed for non‑prosecution?
- Can a final judgment be altered or restored on grounds of sufficient cause despite the restriction in Section 403?
Legislation cited
- BNSS — s. 403
Subjects
- restoration
- criminal revision
- Section 403
- non‑prosecution
- final judgment
- Supreme Court precedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2672 of 2026
In
CRIMINAL REVISION No.458 of 2024
Arising Out of PS. Case No.-40 Year-2023 Thana- District- Araria
======================================================
Hasanain @ Babloo S/O Nizam Resident Of Village- Salaigarh, Police
Station- Madanpur O.P., District- Araria
... ... Petitioner/s
Versus
1. Tarannum @ Pinki Wife Of Hasanain @ Babloo Resident Of Village -
Salaygarh, Police Station - Madanpur O.P., District - Araria. At Present -
Daughter Of Shamim, Resident At Village - Bharaili, P.S. - Jalalgarh,
District - Purnea
2. Adab @ Kainen Son Of Hasanain @ Babloo Resident Of Village -
Salaygarh, Police Station - Madanpur O.P., District - Araria. At Present
Represented Through His Mother Namely Tarannum @ Pinki, Daughter Of
Shamim, Resident At Village - Bharaili, P.S. - Jalalgarh, District - Purnea
3. Rimjhim @ Najmin Daughter Of Hasanain @ Babloo Resident Of Village -
Salaygarh, Police Station - Madanpur O.P., District - Araria. At Present
Represented Through His Mother Namely Tarannum @ Pinki, Daughter Of
Shamim, Resident At Village - Bharaili, P.S. - Jalalgarh, District - Purnea
4. Jhilmil Daughter Of Hasanain Resident Of Village - Salaygarh, Police
Station - Madanpur O.P., District - Araria. At Present Represented Through
His Mother Namely Tarannum @ Pinki, Daughter Of Shamim, Resident At
Village - Bharaili, P.S. - Jalalgarh, District - Purnea
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ramesh Kumar Singh, Advocate
For the Opposite Party/s : Mr. Ajit Kumar, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
3 15-04-2026 Heard Mr. Ramesh Kumar Singh, learned counsel
appearing on behalf of the petitioner and Mr. Ajit Kumar,
learned APP for the State.
2. The petitioner seeks restoration of Cr. Rev. No.458
of 2024 which stood dismissed for non compliance of the order
dated 06.09.2024.
Patna High Court CR. MISC. No.2672 of 2026(3) dt.15-04-2026
2/2
3. In the opinion of this Court, Section 403 of the
BNSS provides as follows:
“403. Court not to alter judgment.
Save as otherwise provided by this Sanhita or by
any other law for the time being in force, no Court,
when it has signed its judgment or final order
disposing of a case, shall alter or review the same
except to correct a clerical or arithmetical error.”
4. The aforesaid provision, though placing a
restriction on alteration or review of a final judgment, does not
preclude restoration of a matter dismissed for non-prosecution,
upon sufficient cause being shown, in order to secure the ends
of justice as held by the Apex Court in the case of Vishnu
Agarwal vs State Of U.P. & Anr passed in Criminal Appeal
No(S). 1323 Of 2004.
5. In view of the information and the reason assigned
in the restoration application and the affidavit, the Cr. Rev.
No.458 of 2024 is restored to its original file.
6. The restoration application stands allowed.
(Purnendu Singh, J)
Niraj/-
U T
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